HomeMy WebLinkAbout1970-07-23 Min - Board TRUCKEE-DONNER PUBLIC UTILITY DISTRICT
F. 0. BOX 30B
TRUCKEE. CALIFORNIA 95734
Telephone 587-3896
JULY 22, 1970
THERE WILL BE A SPECIAL MEETING OF THE BOARD OF DIRECTORS OF
THE
TRUCKEE DONNER PUBLIC UTILITY DISTRICT ON JULY 23, 19 70,
AT 6 3
0 P.M. THURSDAY, IN THE CONFERENCE ROOM OF THE DISTRICT.
AGENDA
WATER FOR RECREATION AGREEMENT AGRET FOR ELECTRIC SE
PROSSER LAZE VIEW ESTATES
LA EWORLD DEVELOPMENT
C Ay'
xA
R.
GEORGE CATTAN, MANA
July 2 3, 19 70
A special meeting of the Board of Directors of the Truckee Donner Public
Utility District was held July 23, 1970 in the conference room of the District
in Truckee, California at 6: 30 P.M.
Upon roll call the following Directors were present: Doyle, Rose, Loehr,
Stone and Moore.
...,. Guests present: Fred Damavandi, Lakeworld Development Corporation
Adolph Moskovitz, Attorney for Lakeworld
Paul Chamberlain, Attorney for District
Employees present: Cattan, Bliss.
The meeting was called to order by President Doyle.
The purpose of this meeting is to consider:
1. Agreement for Electric Service for Prosser Lakeview Estates, Units
1 through 5.
2. Purchase of Surplus Water for Recreation Lake for Tahoe Donner
Subdivision, Lakeworld Development Corporation.
ELECTRIC SERVICE
(Copies of the proposed electric agreement were distributed to each director.)
Mr. Cattan explained that Lakeworld Development Corporation has purchased
Prosser Lakeview Estates, Units 1 through 5, from Truckee Tahoe Lake Estates.
Lakeworld wishes to pay for the electric distribution lines in this subdivi-
sion as follows:
UNIT(S) LOTS UNSOLD CONN. FEE TOTAL
1,2,3 68 TIMES $35 $2,380.00
4 93 it " 39255.00
5 400 Itit 14,000.00
$19,635.00
The proposed electric contract is basically the same as the electric contract
for Lakeworld's Tahoe Donner Subdivision except that no bond will be required.
Mr. Damavandi hopes to have Units 4 and 5 recorded this next Tuesday, but
Lakeworld is requesting two (2) weeks to pay the total amount ($19,635.00)
for electric. Mr. Chamberlain recommended adding a sentence to the effect
that "this obligation for this service will not be made until the final map
is recorded'. The Board concurred with this suggestion, and Mr. Chamberlain
will insert the proper wording. Mr. Moskovitz mentioned two typographical
errors which will be corrected in the final document.
A motion was made by Mr. Stone and seconded by Mr. Moore that the Manager
and President be authorized to sign subject agreement with Lakeworld Develop-
ment Corporation with the proper corrections.
ROLL CALL: Doyle, aye; Rose, aye; Loehr, aye; Stone, aye; Moore, aye.
Motion carried. So ordered.
I SURPLUS WATER FOR RECREATION LAKE, TAHOE DONNER SUBDIVISION, LAKEWORLD
DEVELOPMENT CORPORATION
(A draft of the proposed agreement between District and Lakeworld for the
purchase of surplus water for a recreational lake or lakes was distributed
to each Board member.)
Mr. Doyle stated the District is on record that we will supply water if
surplus water for a recreational lake or lakes was available Pam. Cattan
July 23, 1970 Page 123
(July 23, 1970 - Continued)
PURCHASE OF SURPLUS WATER (CONTINUED)
felt the District has this surplus water because of the new pumps and we are
in a position to fill the lake or lakes. 1500 acre feet of water is requested
to fill an 80 acre lake (or 2-3 small lakes, the total of which will not
exceed 1500 acre feet) with 200 acre feet per year for evaporation, Mr. Loehr
inquired when this water would be requested, and Mr. Cattan replied in 1971 or
when the initial project has been completed (referring to Prosser Lake Well) .
Mr. Cattan stated if Donner Lake is not ready, we will not fill the recreation
lake(s) , to be located in the Bennett Flat area. Mr. Moore inquired as to the
number of lakes, and Mr. Moskovitz replied that no matter how many lakes, the
total acre per foot will not exceed 1500, that Lakewrold has filed for appli-
cation from the Water Resources Control Board, but the application does not
seem feasible at this time because there are more applications in this area
than water; Lakeworld wishes to be assured of water for their lake and hence
this proposed agreement to purchase surplus water. The lake will ultimately
have outlet works; they will let out what they take in. Mr. Stone felt the
District does not anticipate acquiring water from Stampede in the near future,
and the taking of water from Donner Lake should be accomplished gradually so
as not to noticeably decrease the level of the lake more than 14" in a year.
The District is committed to supply surplus water for 5 years, after which
the contract can be terminated or renegotiated on a yearly basis. Mr. Loehr
mentioned the District has no way of knowing when the water tables will decrease.
Mr. Moskovitz felt the District was assured of sufficient water from Sierra
Pacific. There would be a 24" line from the lake with 14" and 18" lines to
j the system. Mr. Stone suggested the lake be designed for sedimentation and
puddling to prevent leakage. Mr. Damavandi replied if their studies show that
j the water will leak through the soil, Lakeworld will not build the lake. It
was estimated that the lake would be filled in 1 year and four months at
i
constant delivery. Mr. Cattan mentioned we are not going to use Donner Water
for many years for domestic and service use as the production of two new wells
f is 75 a of existing water supply, that our problem now is storage and distribu-
tion when the demand for water is on weekends. Mr. Chamberlain had 6 written
and 2 verbal corrections which will be made in the final draft. (A copy of
the written corrections dated 7/15/70 attached hereto being a part of these
i
minutes.) The District recommends a rate of 8�/thousand gallons (including
t pumping, maintenance and overhead) or $2 6/acre feet, at which rate the filling
of the lake would cost $39,000. It was noted that Lakeworld would have to
maintain the District equipment. Mr. Stone suggested the District be protected
i
in this agreement against any injunction by a private party, corporation or
government entity because a quick withdrawal of water from Donner Lake might
cause a negative public reaction. In the final draft, Mr. Chamberlain will
insert that "the contract will be suspended in case of an injunction." Mr.
Stone inquired about the pumping station, and Mr. Damavandi replied this
facility is part of the Homeowner's Association responsibility, which can be
taxed.
i
A motion was made by Mr. Loehr and seconded by Mr. Stone that the agreement to
supply Lakeworld Development Corporation surplus water for a recreational lake
or lakes not to exceed 1500 acre feet in the Tahoe Donner Subdivision be
approved as amended.
ROLL CALL: Doyle, aye; Rose, aye; Loehr, aye; Stone, aye; Moore, aye.
Motion carried. So ordered.
No further business to come before this Board, a motion was made by
Mr. Moore and seconded by Mr. Loehr to adjourn. All ayes. Meeting
i
adjourned at 7:49 P.M.
Q5""*
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PAUL DOYLE., PRESIDENT OF TM BOARD
-10
Page 124 CAROLYN BFISS July 23, 1970
RECORDING SECRETARY
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CHAMBERLAIN &_'CHAMB-ERLAtN
ATTORNEYS AT LAW
SANK OF CALIFORNIA BUILDING
AUBURN, CALWORNIA 95603
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fluctuation, red'uct ion, or lack o supply, lacic of pot obi. it y,
or for stay other. cause.
40 Also: that the Distorist woul,O not be required to
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I'
Z RESOLUTION NO. 7013
2 OF
3 TRUCKEE - DONNER PUBLIC UTILITY DISTRICT
4 APPROVING AND AUTHORIZING EXECUTION OF AGREEMENT RESPECT-
ice..
5 ING ELECTRIC POWER SERVICE FOR PROSSER LAKEVIEW ESTATES -
6 LAKEWORLD
7 BE IT RESOLVED by the Board of Directors of Truckee -
8 Donner Public Utility District as follows:
9 1. That said Board of Directors does hereby find , deter-
10 I mine, and declare that it will be beneficial and in the best in-
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11 terests of the District, and in the territory generally referred
12 to as Prosser Lakeview Estates and for the development thereof',
'13 that an agreement be entered into for the installation and exten-
14 sion of facilities for the service of electric power, such servic
15 and extension and installation to be in accordance with the pro-
, 6 visions of agreement between the District and said developer,
17 copy of which is attached hereto, rnarked Exhibit "A" and by this
18 � = n e incor orated herein.
re-fere c p
19 2. That said Board of Directors does hereby approve the
2(} teas , conditions, and prov is ions of said agreement between Truck
21 ee - Donner Public Utility District and Lakeworld Development
22 Corporation regarding electrical power service for Prosser Lake-
23 view Estates as more particularly shown in Exhibit "A" attached
24 hereto, and the president and secretary respectively of the Board
25 of Directors of this District shall be and they are each hereby
26 authorized and directed to execute said Agreement for and on
27 behalf of the District
28 Passed and adopted at a special meeting of the Board of
29 Directors of Truckee - Donner Public Util Lty District duly called
30 and held in the District on the 23rd day o f J:.�ly, 197"' by the
31 _=;ollowing vote:
32 AYES: Directors _.�. ov...e , Rose s
Loehr Stone , Moore.
CHAMBERLAIN AND CHAMBERLAIN
ATTORNEYS AT LAW
BANK OF CALIFORNIA BLDG.
AUBURN.CALIFORNIA
July 2 3, 19 70 Page 126
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1 i NOES-. Director
2 A BEE NT: Director
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3 E - DONN :' UBLI U ILITY DISTRICT
TRUCXE ,
4 By: '�-; e nt
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6 ATTEST.
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CHAMBERLAIN ANO CHAMBERLAIN page 126 A
ATTORNEYS AT LAW
BANK OF CALIFORNIA BLDG. ly ��' 1970
Il��O
AUBURN. CALIFORNIA Ju
ti
• AGREEMENT BETWEEN TRUCKEE-DONNER PUBLIC
UTILITY DISTRICT AND THE LAKEWORLD DEVEL-
OPMENT COMPANY RESPECTING ELECTRIC POWER
SERVICE FOR PROSSER LAKEVIEW ESTATES
THIS AGREEMENT , made and entered into this 23rdday of
July , 1970 , by and between Truckee-Donner Public
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Utility District , a local public agency of the State of California,
hereinafter referred . to as "the District ," and LakeWorld Development
Corporation, a California corporation, hereinafter referred to as
"L ak eWo r 1 d" ;
W I T N E S S E T H:
WHEREAS , LakeWorld has purchased certain property known
as "Prosser .Lakeview Estates" subdivision, located within the
District in Nevada County, California, containing 68 lots not yet
sold to lot buyers within Units 1, 2 and 3 of said subdivision
which have previously been recorded, and also containing additional
land which LakeWorld plans to subdivide and develop into additional
subdivision units , all of which is hereinafter called "the project"
(as more particularly shown and described in Exhibit A attached hereto
and . made a part hereof) ; and
WHEREAS , LakeWorld is desirous of having electric service
delivered to and distributed within each unit of the project by
the District and it is essential to the plan of development that
provision be made for an adequate supply of electric power for
immediate and future requirements of the project ; and
WHEREAS , the District- is desirous of furnishing the
electric power required in accordance with the provisions contained
herein; and
WHEREAS , LakeWorld is- willing to provide financial aid to
the District for the costs to the District of constructing and
extending distribution lines to said 68 lots in Units 1 , 2 and 3
and to every lot in the additional planned units of the project,
as neede(', to provide adequate electric power service for all uses ,
said distribution lines being hereinafter called "project distribution
lines ."
re.
• NOW, THEREFORE, the parties mutually agree as follows :
1. District Construction and Extension of Project
Distribution Lines , The . District shall construct and extend
distribution lines project (single and three-phase) and appurten-
ances as required to deliver electric power to each of the 68 lots
in Units 1 , 2 and 3 as set forth in Exhibit B attached hereto and
made a part hereof, and to all lots in the additional planned units
of the project , when service is requested by any user of electric
power within such unit , including LakeWorld; provided, that no such
request shall be made until recordation of the final map on such
unit .
2 .. Contribution b,y LakeWorld for Costs of Project
Distribution Line Construction. Within 10 days after the execution
of this agreement, LakeWorld shall pay the District the sum of
two thousand three hundred eighty dollars ($2 ,380.00) as financial
aid to the District for the costs to the District of constructing
and extending distribution lines to the 68 lots in Units 1, 2 and
3 of the project set forth on Exhibit B (amounting to thirty-five
dollars ($35.00 per lot) . In addition, upon recordation of' the
final subdivision map for any additional unit of the project ,
LakeWorld shall pay the District an amount equal to thirty-five
dollars ($35.00) multiplied by the number of lots in said unit ;
provided, that if, at the time of the recordation of the final map
for any particular unit of the project applicable State or federal
law requires that the project distribution lines in said unit be
constructed underground, said sum of thirty-five dollars ($35 .00)
per lot in said unit shall be changed, as agreed upon in writing
by the parties , in order to be sufficient to cover the cost of
underground construction of such project distribution lines . - The
foregoing proviso shall not be construed as constituting an agreement
that either the District or LakeWorld desires , favors or anticipates
the underp,round construction of project distribution lines in the
}
project , and the parties declare that it is their intention and
desire that project distribution lines be constructed overhead.
The District shall deposit all payments received under
�.2 w
this contract in an interest bearing trust account and shall
thereafter use said funds solely for costs of constructing and
extending project distribution lines and appurtenances as provided
in Paragraph l; provided, that upon the District's Board of
Directors determining that all requirements of the project for
project distribution line construction and extension have been met ,
said funds may be used for the improvement of the District 's
electric power system anywhere in the District. Except as otherwise
specifically provided in this Agreement, after making the payments
provided for in this paragraph LakeWorld shall have no further
responsibility with respect to the construction or extension of
such project distribution lines and appurtenances .
3. Clearing of Back Lot Line Easements . LakeWorld shall
clear back lot line utility easements in the project as designated
by the District for purposes of installation of such project distri-
bution lines .
4. Rates Tolls and Charges . Each applicant for service
. within the project shall be responsible for making payment to the
Districts at the established rates , tolls and charges as fixed by
the District 's Board of Directors from time to time pursuant to
law, for connection and electric .service made available by the
Dis
trict to such applicant, but applicants for service on the
lots set forth on Exhibit B and on all lots in units other than
Units 1 , 2
and 3 of the project , shall -have ' no : responsibility for
project distribution line construction or extension inasmuch as.
the cost of project distribution line construction and extension
to such lots is covered by LakeWorld's payments to the District
under Paragraph 2. To the extent that LakeWorld retains owner-
ship of any lots to which electric service from such works is
available, it shall pay the same rates , tolls and charges levied
by the District as any other lot owner.
5. Lands and 'Interests in Land for Project Distribution
Line
s. LakeWorld shall convey to the District from land owned by
LakeWorld without ut cost to the District all lands and interests in
-3-.
land required for project distribution lines and appurtenances
located within the project and shall incorporate said lands and
subdivision maps . The form and
land on all project s
interests in .
content
of the conveyance of such lands and interests in land
and the dimensions thereof shall be satisfactory to the District
as providing the District what is reasonably needed for the
facilities located thereon.
6.
Liabilit The District shall save and hold
Y
LakeWorld
harmless against all claims , demands and charges that
my a be based on any trespass , injury or alleged injury to any `
that may occur , or that may be alleged to have
person or property
occurred, in the cour
se of the performance of the construction of
all project
distribution and service lines by the District under
this agreement, whether such cl
aims shall be made by an employee of
d person. If any judgment shall be rendered
the District or by a thin
against LakeWorld in any
action or actions in which the District is
a party , or of which it is given notice by LakeWorld, the District
shall , at its awn costs P
and expense , satisfy and discharge the
same. LakeWorld shall promptly give written notice to the District
�
of any such claim or action.
7. Assuran
ces of Service b Dis tri ct. From time. to
time when requested b LakeWorld as to a parti-cular unit of the
hall give assurances of electric service to
project, the District s g
t in
accordance with this agreement which
such unit by the Distric
are necessary in connection with the following:
a. The approval of subdivision maps for each unit filed
d b LakeWorld with the County of Nevada.
or recorded y .
b. The obtaining Y
b LakeWorld of original or amended
final public reports and any prelim public report which
btain from the State of California Real
LakeWorld may desire to o :
Aso-
Estate Commissioner for any unit of the project-.
b governmental agencies req uired
c. Any other approvals y g .
in order to allow Lakes°Jorld to
subdivide any project land or sell
any
subdivided lots and parcels in the project .
_4-
All such assurances shall be requested by LakeWorld
within ten (10) years from the date of this agreement . But no
such assurances shall be requested as to any particular unit
until needed by LakeWorld in order to proceed expeditiously to
record an approved final subdivision map for said unit or
obtain any other original or amended approvals by governmental
'agencies required so that LakeWorld may subdivide any project
land or sell any subdivided lots and parcels in the project.
8. Notices. Notices or requests from either party
to the other shall be in writing and shall be delivered or
mailed, postage prepaid , to the following address , or any change
thereof of which the other party is given notice , and shall be
effective upon delivery or upon mailing : LakeWorld Development
Corporation, 3055 Alvarado Street , San Leandro, California 94577 ;
. Truckee-Donner Public Utility District , Truckee , California 95734.
9. Successors and Assigns. This agreement shall be
binding upon and inure to the benefit of the successors and
assigns of both parties . LakeWorld shall not assign any of its
rights, duties or obligations under this agreement without the
prior written consent of the District , which consent shall not be
unreasonably withheld .
10. District Powers - Severability. Nothing herein
contained shall be deemed to limit, restrict , or modify any right ,
duty or obligation given, granted , or imposed upon the District by
the laws of the State of California now in effect , or hereafter
adopted , nor to limit or restrict the power or authority of the
District, including the enactment of any rules , regulations ,
resolutions , or ordinances , including without limitation creation
of service zones and rate differentials applicable within the project
area which may not be applicable elsewhere, and in the event that
any part or provision herein contained in this agreement or in-
corporat ,d herein , be found to be illegal or unconstitutional
by a court of competent jurisdiction, such findings shall not
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affect the remaining parts , portions , or provisions hereof .
IN WITNESS WHEREOF, the parties hereto have executed
this agreement on the day and year first above written.
TRUCKEE-DONNER PUBLIC UTILITY
DISTRICT
(SEAL) By
ATTEST:
6L*/
S etary
LAKEWORLD DEVELOPMENT CORPORATION
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